|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3317 Introduced 2/7/2024, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
| | | Creates the Candidate Information Privacy Act. Provides that the Executive Director of the State Board of Elections shall establish a secure portal through which a candidate may submit or revoke a request for the redaction or nondisclosure of his or her personal information from publicly-accessible databases maintained and administered by the Board. Sets forth procedures to request the redaction or nondisclosure of specified personal information and exceptions. Provides that a copy of the voter registration files maintained in the Statewide voter registration system and maintained by the election authority of each county shall be provided to a requester as redacted, except that a copy of the unredacted voter registration files shall be provided to specified individuals. Amends the Freedom of Information Act to make a conforming changes. Effective January 1, 2025. | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act shall be referred to as |
| 5 | | the Candidate Information Privacy Act.
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| 6 | | Section 5. Policy; intent. It is the public policy of this |
| 7 | | State that candidates for public office in Illinois have a |
| 8 | | right to maintain their privacy through the prevention of |
| 9 | | unnecessary disclosures of personal information in |
| 10 | | publicly-accessible areas regulated by the State Board of |
| 11 | | Elections.
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| 12 | | Section 10. Definitions. As used in this Act: |
| 13 | | "Board" means the State Board of Elections. |
| 14 | | "Candidate" has the meaning ascribed to that term in |
| 15 | | Section 9-1.3 of the Election Code. |
| 16 | | "Director" means the Executive Director of the State Board |
| 17 | | of Elections. |
| 18 | | "Home address" includes a candidate's permanent residence |
| 19 | | and any secondary residences affirmatively identified by the |
| 20 | | candidate. "Home address" does not include the candidate's |
| 21 | | work address. |
| 22 | | "Personal information" means a home address, home |
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| 1 | | telephone number, mobile telephone number, pager number, |
| 2 | | personal email number, checking and savings account number, |
| 3 | | credit card number, marital status, and the identity of |
| 4 | | children under the age of 18.
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| 5 | | Section 15. Powers and duties of the Director. |
| 6 | | (a) The Director shall establish: |
| 7 | | (1) a secure portal through which a candidate may |
| 8 | | submit or revoke a request for the redaction or |
| 9 | | nondisclosure of his or her personal information from |
| 10 | | publicly accessible databases maintained and administered |
| 11 | | by the Board, whether physical or on the Internet; |
| 12 | | (2) a process by which a candidate may petition the |
| 13 | | Director for reconsideration of a denial of a request or |
| 14 | | any revocation of a request described in paragraph (1); |
| 15 | | (3) a process by which a person or entity may request |
| 16 | | receipt of a record that does not contain redactions or |
| 17 | | any information that is undisclosed; and |
| 18 | | (4) a process for the evaluation of any other |
| 19 | | exceptions to the requirements for redaction or |
| 20 | | nondisclosure. |
| 21 | | A request or a revocation of a request submitted by a |
| 22 | | candidate under the process described in this subsection shall |
| 23 | | be exempt from disclosure under the Freedom of Information |
| 24 | | Act. |
| 25 | | (b) The Director shall evaluate and either approve or deny |
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| 1 | | a request or a revocation of a request submitted through the |
| 2 | | secure portal described in subsection (a). |
| 3 | | (c) The Director may enter into any agreement or contract |
| 4 | | necessary to administer this Act. |
| 5 | | (f) The Director may adopt rules to implement and |
| 6 | | administer this Act in accordance with the Illinois |
| 7 | | Administrative Procedure Act.
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| 8 | | Section 20. Candidate requests for redaction or |
| 9 | | nondisclosure; and enforcement. |
| 10 | | (a) A candidate seeking the redaction or nondisclosure of |
| 11 | | his or her personal information by the Board shall submit a |
| 12 | | request to the Board through the secure portal described in |
| 13 | | subsection (a) of Section 15. The information shall be subject |
| 14 | | to redaction or nondisclosure only if a request is submitted |
| 15 | | to and approved by the Director. |
| 16 | | (b) The Board shall redact or cease to disclose the |
| 17 | | personal information of a candidate no later than 30 days |
| 18 | | after the approval by the Director. The Board shall |
| 19 | | discontinue the redaction or nondisclosure of the personal |
| 20 | | information of any candidate for whom a revocation request has |
| 21 | | been approved no later than 30 days after the approval by the |
| 22 | | Director.
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| 23 | | Section 25. Provision of voter registration files. |
| 24 | | (a) A copy of the voter registration files maintained in |
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| 1 | | the Statewide voter registration system and maintained by the |
| 2 | | election authority of each county shall be provided to a |
| 3 | | requester as redacted, except that a copy of the unredacted |
| 4 | | voter registration files shall be provided to the following |
| 5 | | individuals: |
| 6 | | (1) the chairperson of the county or municipal |
| 7 | | committee of a political party, or a designee thereof, for |
| 8 | | distribution to any person authorized to serve as a |
| 9 | | challenger as described in the Election Code if the copy |
| 10 | | of the unredacted voter registration files are only used |
| 11 | | for the purposes of validating a candidate's personal |
| 12 | | information to determine qualifications for candidacy by |
| 13 | | the challenger; |
| 14 | | (2) a candidate acting as a challenger; |
| 15 | | (3) any vendor, contractor, or organization carrying |
| 16 | | out a function of a county or this State concerning the |
| 17 | | administration or conduct of elections; and |
| 18 | | (4) a person filing or responding to a petition filed |
| 19 | | in accordance with the Election Code upon order of a judge |
| 20 | | after a finding that the copy of the unredacted voter |
| 21 | | registration files is necessary to determine the merits of |
| 22 | | the petition. |
| 23 | | (b) In order for an individual to receive the copy of the |
| 24 | | unredacted voter registration files described in subsection |
| 25 | | (a), the individual shall sign an affidavit attesting that the |
| 26 | | person satisfies one of the exceptions provided for in |
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| 1 | | paragraphs (1) through (4) of subsection (a).
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| 2 | | Section 90. The Freedom of Information Act is amended by |
| 3 | | changing Section 7.5 as follows:
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| 4 | | (5 ILCS 140/7.5) |
| 5 | | (Text of Section before amendment by P.A. 103-472) |
| 6 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 7 | | by the statutes referenced below, the following shall be |
| 8 | | exempt from inspection and copying: |
| 9 | | (a) All information determined to be confidential |
| 10 | | under Section 4002 of the Technology Advancement and |
| 11 | | Development Act. |
| 12 | | (b) Library circulation and order records identifying |
| 13 | | library users with specific materials under the Library |
| 14 | | Records Confidentiality Act. |
| 15 | | (c) Applications, related documents, and medical |
| 16 | | records received by the Experimental Organ Transplantation |
| 17 | | Procedures Board and any and all documents or other |
| 18 | | records prepared by the Experimental Organ Transplantation |
| 19 | | Procedures Board or its staff relating to applications it |
| 20 | | has received. |
| 21 | | (d) Information and records held by the Department of |
| 22 | | Public Health and its authorized representatives relating |
| 23 | | to known or suspected cases of sexually transmissible |
| 24 | | disease or any information the disclosure of which is |
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| 1 | | restricted under the Illinois Sexually Transmissible |
| 2 | | Disease Control Act. |
| 3 | | (e) Information the disclosure of which is exempted |
| 4 | | under Section 30 of the Radon Industry Licensing Act. |
| 5 | | (f) Firm performance evaluations under Section 55 of |
| 6 | | the Architectural, Engineering, and Land Surveying |
| 7 | | Qualifications Based Selection Act. |
| 8 | | (g) Information the disclosure of which is restricted |
| 9 | | and exempted under Section 50 of the Illinois Prepaid |
| 10 | | Tuition Act. |
| 11 | | (h) Information the disclosure of which is exempted |
| 12 | | under the State Officials and Employees Ethics Act, and |
| 13 | | records of any lawfully created State or local inspector |
| 14 | | general's office that would be exempt if created or |
| 15 | | obtained by an Executive Inspector General's office under |
| 16 | | that Act. |
| 17 | | (i) Information contained in a local emergency energy |
| 18 | | plan submitted to a municipality in accordance with a |
| 19 | | local emergency energy plan ordinance that is adopted |
| 20 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 21 | | (j) Information and data concerning the distribution |
| 22 | | of surcharge moneys collected and remitted by carriers |
| 23 | | under the Emergency Telephone System Act. |
| 24 | | (k) Law enforcement officer identification information |
| 25 | | or driver identification information compiled by a law |
| 26 | | enforcement agency or the Department of Transportation |
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| 1 | | under Section 11-212 of the Illinois Vehicle Code. |
| 2 | | (l) Records and information provided to a residential |
| 3 | | health care facility resident sexual assault and death |
| 4 | | review team or the Executive Council under the Abuse |
| 5 | | Prevention Review Team Act. |
| 6 | | (m) Information provided to the predatory lending |
| 7 | | database created pursuant to Article 3 of the Residential |
| 8 | | Real Property Disclosure Act, except to the extent |
| 9 | | authorized under that Article. |
| 10 | | (n) Defense budgets and petitions for certification of |
| 11 | | compensation and expenses for court appointed trial |
| 12 | | counsel as provided under Sections 10 and 15 of the |
| 13 | | Capital Crimes Litigation Act (repealed). This subsection |
| 14 | | (n) shall apply until the conclusion of the trial of the |
| 15 | | case, even if the prosecution chooses not to pursue the |
| 16 | | death penalty prior to trial or sentencing. |
| 17 | | (o) Information that is prohibited from being |
| 18 | | disclosed under Section 4 of the Illinois Health and |
| 19 | | Hazardous Substances Registry Act. |
| 20 | | (p) Security portions of system safety program plans, |
| 21 | | investigation reports, surveys, schedules, lists, data, or |
| 22 | | information compiled, collected, or prepared by or for the |
| 23 | | Department of Transportation under Sections 2705-300 and |
| 24 | | 2705-616 of the Department of Transportation Law of the |
| 25 | | Civil Administrative Code of Illinois, the Regional |
| 26 | | Transportation Authority under Section 2.11 of the |
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| 1 | | Regional Transportation Authority Act, or the St. Clair |
| 2 | | County Transit District under the Bi-State Transit Safety |
| 3 | | Act (repealed). |
| 4 | | (q) Information prohibited from being disclosed by the |
| 5 | | Personnel Record Review Act. |
| 6 | | (r) Information prohibited from being disclosed by the |
| 7 | | Illinois School Student Records Act. |
| 8 | | (s) Information the disclosure of which is restricted |
| 9 | | under Section 5-108 of the Public Utilities Act. |
| 10 | | (t) (Blank). |
| 11 | | (u) Records and information provided to an independent |
| 12 | | team of experts under the Developmental Disability and |
| 13 | | Mental Health Safety Act (also known as Brian's Law). |
| 14 | | (v) Names and information of people who have applied |
| 15 | | for or received Firearm Owner's Identification Cards under |
| 16 | | the Firearm Owners Identification Card Act or applied for |
| 17 | | or received a concealed carry license under the Firearm |
| 18 | | Concealed Carry Act, unless otherwise authorized by the |
| 19 | | Firearm Concealed Carry Act; and databases under the |
| 20 | | Firearm Concealed Carry Act, records of the Concealed |
| 21 | | Carry Licensing Review Board under the Firearm Concealed |
| 22 | | Carry Act, and law enforcement agency objections under the |
| 23 | | Firearm Concealed Carry Act. |
| 24 | | (v-5) Records of the Firearm Owner's Identification |
| 25 | | Card Review Board that are exempted from disclosure under |
| 26 | | Section 10 of the Firearm Owners Identification Card Act. |
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| 1 | | (w) Personally identifiable information which is |
| 2 | | exempted from disclosure under subsection (g) of Section |
| 3 | | 19.1 of the Toll Highway Act. |
| 4 | | (x) Information which is exempted from disclosure |
| 5 | | under Section 5-1014.3 of the Counties Code or Section |
| 6 | | 8-11-21 of the Illinois Municipal Code. |
| 7 | | (y) Confidential information under the Adult |
| 8 | | Protective Services Act and its predecessor enabling |
| 9 | | statute, the Elder Abuse and Neglect Act, including |
| 10 | | information about the identity and administrative finding |
| 11 | | against any caregiver of a verified and substantiated |
| 12 | | decision of abuse, neglect, or financial exploitation of |
| 13 | | an eligible adult maintained in the Registry established |
| 14 | | under Section 7.5 of the Adult Protective Services Act. |
| 15 | | (z) Records and information provided to a fatality |
| 16 | | review team or the Illinois Fatality Review Team Advisory |
| 17 | | Council under Section 15 of the Adult Protective Services |
| 18 | | Act. |
| 19 | | (aa) Information which is exempted from disclosure |
| 20 | | under Section 2.37 of the Wildlife Code. |
| 21 | | (bb) Information which is or was prohibited from |
| 22 | | disclosure by the Juvenile Court Act of 1987. |
| 23 | | (cc) Recordings made under the Law Enforcement |
| 24 | | Officer-Worn Body Camera Act, except to the extent |
| 25 | | authorized under that Act. |
| 26 | | (dd) Information that is prohibited from being |
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| 1 | | disclosed under Section 45 of the Condominium and Common |
| 2 | | Interest Community Ombudsperson Act. |
| 3 | | (ee) Information that is exempted from disclosure |
| 4 | | under Section 30.1 of the Pharmacy Practice Act. |
| 5 | | (ff) Information that is exempted from disclosure |
| 6 | | under the Revised Uniform Unclaimed Property Act. |
| 7 | | (gg) Information that is prohibited from being |
| 8 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 9 | | Code. |
| 10 | | (hh) Records that are exempt from disclosure under |
| 11 | | Section 1A-16.7 of the Election Code. |
| 12 | | (ii) Information which is exempted from disclosure |
| 13 | | under Section 2505-800 of the Department of Revenue Law of |
| 14 | | the Civil Administrative Code of Illinois. |
| 15 | | (jj) Information and reports that are required to be |
| 16 | | submitted to the Department of Labor by registering day |
| 17 | | and temporary labor service agencies but are exempt from |
| 18 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 19 | | and Temporary Labor Services Act. |
| 20 | | (kk) Information prohibited from disclosure under the |
| 21 | | Seizure and Forfeiture Reporting Act. |
| 22 | | (ll) Information the disclosure of which is restricted |
| 23 | | and exempted under Section 5-30.8 of the Illinois Public |
| 24 | | Aid Code. |
| 25 | | (mm) Records that are exempt from disclosure under |
| 26 | | Section 4.2 of the Crime Victims Compensation Act. |
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| 1 | | (nn) Information that is exempt from disclosure under |
| 2 | | Section 70 of the Higher Education Student Assistance Act. |
| 3 | | (oo) Communications, notes, records, and reports |
| 4 | | arising out of a peer support counseling session |
| 5 | | prohibited from disclosure under the First Responders |
| 6 | | Suicide Prevention Act. |
| 7 | | (pp) Names and all identifying information relating to |
| 8 | | an employee of an emergency services provider or law |
| 9 | | enforcement agency under the First Responders Suicide |
| 10 | | Prevention Act. |
| 11 | | (qq) Information and records held by the Department of |
| 12 | | Public Health and its authorized representatives collected |
| 13 | | under the Reproductive Health Act. |
| 14 | | (rr) Information that is exempt from disclosure under |
| 15 | | the Cannabis Regulation and Tax Act. |
| 16 | | (ss) Data reported by an employer to the Department of |
| 17 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 18 | | Human Rights Act. |
| 19 | | (tt) Recordings made under the Children's Advocacy |
| 20 | | Center Act, except to the extent authorized under that |
| 21 | | Act. |
| 22 | | (uu) Information that is exempt from disclosure under |
| 23 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 24 | | (vv) Information that is exempt from disclosure under |
| 25 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 26 | | Public Aid Code. |
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| 1 | | (ww) Information that is exempt from disclosure under |
| 2 | | Section 16.8 of the State Treasurer Act. |
| 3 | | (xx) Information that is exempt from disclosure or |
| 4 | | information that shall not be made public under the |
| 5 | | Illinois Insurance Code. |
| 6 | | (yy) Information prohibited from being disclosed under |
| 7 | | the Illinois Educational Labor Relations Act. |
| 8 | | (zz) Information prohibited from being disclosed under |
| 9 | | the Illinois Public Labor Relations Act. |
| 10 | | (aaa) Information prohibited from being disclosed |
| 11 | | under Section 1-167 of the Illinois Pension Code. |
| 12 | | (bbb) Information that is prohibited from disclosure |
| 13 | | by the Illinois Police Training Act and the Illinois State |
| 14 | | Police Act. |
| 15 | | (ccc) Records exempt from disclosure under Section |
| 16 | | 2605-304 of the Illinois State Police Law of the Civil |
| 17 | | Administrative Code of Illinois. |
| 18 | | (ddd) Information prohibited from being disclosed |
| 19 | | under Section 35 of the Address Confidentiality for |
| 20 | | Victims of Domestic Violence, Sexual Assault, Human |
| 21 | | Trafficking, or Stalking Act. |
| 22 | | (eee) Information prohibited from being disclosed |
| 23 | | under subsection (b) of Section 75 of the Domestic |
| 24 | | Violence Fatality Review Act. |
| 25 | | (fff) Images from cameras under the Expressway Camera |
| 26 | | Act. This subsection (fff) is inoperative on and after |
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| 1 | | July 1, 2025. |
| 2 | | (ggg) Information prohibited from disclosure under |
| 3 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 4 | | Agency Licensing Act. |
| 5 | | (hhh) Information submitted to the Illinois State |
| 6 | | Police in an affidavit or application for an assault |
| 7 | | weapon endorsement, assault weapon attachment endorsement, |
| 8 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 9 | | endorsement under the Firearm Owners Identification Card |
| 10 | | Act. |
| 11 | | (iii) Data exempt from disclosure under Section 50 of |
| 12 | | the School Safety Drill Act. |
| 13 | | (jjj) (hhh) Information exempt from disclosure under |
| 14 | | Section 30 of the Insurance Data Security Law. |
| 15 | | (kkk) (iii) Confidential business information |
| 16 | | prohibited from disclosure under Section 45 of the Paint |
| 17 | | Stewardship Act. |
| 18 | | (lll) (Reserved). |
| 19 | | (mmm) (iii) Information prohibited from being |
| 20 | | disclosed under subsection (e) of Section 1-129 of the |
| 21 | | Illinois Power Agency Act. |
| 22 | | (nnn) Information that is exempt from disclosure under |
| 23 | | Section 15 of the Candidate Information Privacy Act. |
| 24 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| 25 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
| 26 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
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| 1 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
| 2 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
| 3 | | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; |
| 4 | | revised 1-2-24.)
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| 5 | | (Text of Section after amendment by P.A. 103-472) |
| 6 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 7 | | by the statutes referenced below, the following shall be |
| 8 | | exempt from inspection and copying: |
| 9 | | (a) All information determined to be confidential |
| 10 | | under Section 4002 of the Technology Advancement and |
| 11 | | Development Act. |
| 12 | | (b) Library circulation and order records identifying |
| 13 | | library users with specific materials under the Library |
| 14 | | Records Confidentiality Act. |
| 15 | | (c) Applications, related documents, and medical |
| 16 | | records received by the Experimental Organ Transplantation |
| 17 | | Procedures Board and any and all documents or other |
| 18 | | records prepared by the Experimental Organ Transplantation |
| 19 | | Procedures Board or its staff relating to applications it |
| 20 | | has received. |
| 21 | | (d) Information and records held by the Department of |
| 22 | | Public Health and its authorized representatives relating |
| 23 | | to known or suspected cases of sexually transmissible |
| 24 | | disease or any information the disclosure of which is |
| 25 | | restricted under the Illinois Sexually Transmissible |
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| 1 | | Disease Control Act. |
| 2 | | (e) Information the disclosure of which is exempted |
| 3 | | under Section 30 of the Radon Industry Licensing Act. |
| 4 | | (f) Firm performance evaluations under Section 55 of |
| 5 | | the Architectural, Engineering, and Land Surveying |
| 6 | | Qualifications Based Selection Act. |
| 7 | | (g) Information the disclosure of which is restricted |
| 8 | | and exempted under Section 50 of the Illinois Prepaid |
| 9 | | Tuition Act. |
| 10 | | (h) Information the disclosure of which is exempted |
| 11 | | under the State Officials and Employees Ethics Act, and |
| 12 | | records of any lawfully created State or local inspector |
| 13 | | general's office that would be exempt if created or |
| 14 | | obtained by an Executive Inspector General's office under |
| 15 | | that Act. |
| 16 | | (i) Information contained in a local emergency energy |
| 17 | | plan submitted to a municipality in accordance with a |
| 18 | | local emergency energy plan ordinance that is adopted |
| 19 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 20 | | (j) Information and data concerning the distribution |
| 21 | | of surcharge moneys collected and remitted by carriers |
| 22 | | under the Emergency Telephone System Act. |
| 23 | | (k) Law enforcement officer identification information |
| 24 | | or driver identification information compiled by a law |
| 25 | | enforcement agency or the Department of Transportation |
| 26 | | under Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential |
| 2 | | health care facility resident sexual assault and death |
| 3 | | review team or the Executive Council under the Abuse |
| 4 | | Prevention Review Team Act. |
| 5 | | (m) Information provided to the predatory lending |
| 6 | | database created pursuant to Article 3 of the Residential |
| 7 | | Real Property Disclosure Act, except to the extent |
| 8 | | authorized under that Article. |
| 9 | | (n) Defense budgets and petitions for certification of |
| 10 | | compensation and expenses for court appointed trial |
| 11 | | counsel as provided under Sections 10 and 15 of the |
| 12 | | Capital Crimes Litigation Act (repealed). This subsection |
| 13 | | (n) shall apply until the conclusion of the trial of the |
| 14 | | case, even if the prosecution chooses not to pursue the |
| 15 | | death penalty prior to trial or sentencing. |
| 16 | | (o) Information that is prohibited from being |
| 17 | | disclosed under Section 4 of the Illinois Health and |
| 18 | | Hazardous Substances Registry Act. |
| 19 | | (p) Security portions of system safety program plans, |
| 20 | | investigation reports, surveys, schedules, lists, data, or |
| 21 | | information compiled, collected, or prepared by or for the |
| 22 | | Department of Transportation under Sections 2705-300 and |
| 23 | | 2705-616 of the Department of Transportation Law of the |
| 24 | | Civil Administrative Code of Illinois, the Regional |
| 25 | | Transportation Authority under Section 2.11 of the |
| 26 | | Regional Transportation Authority Act, or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety |
| 2 | | Act (repealed). |
| 3 | | (q) Information prohibited from being disclosed by the |
| 4 | | Personnel Record Review Act. |
| 5 | | (r) Information prohibited from being disclosed by the |
| 6 | | Illinois School Student Records Act. |
| 7 | | (s) Information the disclosure of which is restricted |
| 8 | | under Section 5-108 of the Public Utilities Act. |
| 9 | | (t) (Blank). |
| 10 | | (u) Records and information provided to an independent |
| 11 | | team of experts under the Developmental Disability and |
| 12 | | Mental Health Safety Act (also known as Brian's Law). |
| 13 | | (v) Names and information of people who have applied |
| 14 | | for or received Firearm Owner's Identification Cards under |
| 15 | | the Firearm Owners Identification Card Act or applied for |
| 16 | | or received a concealed carry license under the Firearm |
| 17 | | Concealed Carry Act, unless otherwise authorized by the |
| 18 | | Firearm Concealed Carry Act; and databases under the |
| 19 | | Firearm Concealed Carry Act, records of the Concealed |
| 20 | | Carry Licensing Review Board under the Firearm Concealed |
| 21 | | Carry Act, and law enforcement agency objections under the |
| 22 | | Firearm Concealed Carry Act. |
| 23 | | (v-5) Records of the Firearm Owner's Identification |
| 24 | | Card Review Board that are exempted from disclosure under |
| 25 | | Section 10 of the Firearm Owners Identification Card Act. |
| 26 | | (w) Personally identifiable information which is |
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| 1 | | exempted from disclosure under subsection (g) of Section |
| 2 | | 19.1 of the Toll Highway Act. |
| 3 | | (x) Information which is exempted from disclosure |
| 4 | | under Section 5-1014.3 of the Counties Code or Section |
| 5 | | 8-11-21 of the Illinois Municipal Code. |
| 6 | | (y) Confidential information under the Adult |
| 7 | | Protective Services Act and its predecessor enabling |
| 8 | | statute, the Elder Abuse and Neglect Act, including |
| 9 | | information about the identity and administrative finding |
| 10 | | against any caregiver of a verified and substantiated |
| 11 | | decision of abuse, neglect, or financial exploitation of |
| 12 | | an eligible adult maintained in the Registry established |
| 13 | | under Section 7.5 of the Adult Protective Services Act. |
| 14 | | (z) Records and information provided to a fatality |
| 15 | | review team or the Illinois Fatality Review Team Advisory |
| 16 | | Council under Section 15 of the Adult Protective Services |
| 17 | | Act. |
| 18 | | (aa) Information which is exempted from disclosure |
| 19 | | under Section 2.37 of the Wildlife Code. |
| 20 | | (bb) Information which is or was prohibited from |
| 21 | | disclosure by the Juvenile Court Act of 1987. |
| 22 | | (cc) Recordings made under the Law Enforcement |
| 23 | | Officer-Worn Body Camera Act, except to the extent |
| 24 | | authorized under that Act. |
| 25 | | (dd) Information that is prohibited from being |
| 26 | | disclosed under Section 45 of the Condominium and Common |
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| 1 | | Interest Community Ombudsperson Act. |
| 2 | | (ee) Information that is exempted from disclosure |
| 3 | | under Section 30.1 of the Pharmacy Practice Act. |
| 4 | | (ff) Information that is exempted from disclosure |
| 5 | | under the Revised Uniform Unclaimed Property Act. |
| 6 | | (gg) Information that is prohibited from being |
| 7 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 8 | | Code. |
| 9 | | (hh) Records that are exempt from disclosure under |
| 10 | | Section 1A-16.7 of the Election Code. |
| 11 | | (ii) Information which is exempted from disclosure |
| 12 | | under Section 2505-800 of the Department of Revenue Law of |
| 13 | | the Civil Administrative Code of Illinois. |
| 14 | | (jj) Information and reports that are required to be |
| 15 | | submitted to the Department of Labor by registering day |
| 16 | | and temporary labor service agencies but are exempt from |
| 17 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 18 | | and Temporary Labor Services Act. |
| 19 | | (kk) Information prohibited from disclosure under the |
| 20 | | Seizure and Forfeiture Reporting Act. |
| 21 | | (ll) Information the disclosure of which is restricted |
| 22 | | and exempted under Section 5-30.8 of the Illinois Public |
| 23 | | Aid Code. |
| 24 | | (mm) Records that are exempt from disclosure under |
| 25 | | Section 4.2 of the Crime Victims Compensation Act. |
| 26 | | (nn) Information that is exempt from disclosure under |
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| 1 | | Section 70 of the Higher Education Student Assistance Act. |
| 2 | | (oo) Communications, notes, records, and reports |
| 3 | | arising out of a peer support counseling session |
| 4 | | prohibited from disclosure under the First Responders |
| 5 | | Suicide Prevention Act. |
| 6 | | (pp) Names and all identifying information relating to |
| 7 | | an employee of an emergency services provider or law |
| 8 | | enforcement agency under the First Responders Suicide |
| 9 | | Prevention Act. |
| 10 | | (qq) Information and records held by the Department of |
| 11 | | Public Health and its authorized representatives collected |
| 12 | | under the Reproductive Health Act. |
| 13 | | (rr) Information that is exempt from disclosure under |
| 14 | | the Cannabis Regulation and Tax Act. |
| 15 | | (ss) Data reported by an employer to the Department of |
| 16 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 17 | | Human Rights Act. |
| 18 | | (tt) Recordings made under the Children's Advocacy |
| 19 | | Center Act, except to the extent authorized under that |
| 20 | | Act. |
| 21 | | (uu) Information that is exempt from disclosure under |
| 22 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 23 | | (vv) Information that is exempt from disclosure under |
| 24 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 25 | | Public Aid Code. |
| 26 | | (ww) Information that is exempt from disclosure under |
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| 1 | | Section 16.8 of the State Treasurer Act. |
| 2 | | (xx) Information that is exempt from disclosure or |
| 3 | | information that shall not be made public under the |
| 4 | | Illinois Insurance Code. |
| 5 | | (yy) Information prohibited from being disclosed under |
| 6 | | the Illinois Educational Labor Relations Act. |
| 7 | | (zz) Information prohibited from being disclosed under |
| 8 | | the Illinois Public Labor Relations Act. |
| 9 | | (aaa) Information prohibited from being disclosed |
| 10 | | under Section 1-167 of the Illinois Pension Code. |
| 11 | | (bbb) Information that is prohibited from disclosure |
| 12 | | by the Illinois Police Training Act and the Illinois State |
| 13 | | Police Act. |
| 14 | | (ccc) Records exempt from disclosure under Section |
| 15 | | 2605-304 of the Illinois State Police Law of the Civil |
| 16 | | Administrative Code of Illinois. |
| 17 | | (ddd) Information prohibited from being disclosed |
| 18 | | under Section 35 of the Address Confidentiality for |
| 19 | | Victims of Domestic Violence, Sexual Assault, Human |
| 20 | | Trafficking, or Stalking Act. |
| 21 | | (eee) Information prohibited from being disclosed |
| 22 | | under subsection (b) of Section 75 of the Domestic |
| 23 | | Violence Fatality Review Act. |
| 24 | | (fff) Images from cameras under the Expressway Camera |
| 25 | | Act. This subsection (fff) is inoperative on and after |
| 26 | | July 1, 2025. |
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| 1 | | (ggg) Information prohibited from disclosure under |
| 2 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 3 | | Agency Licensing Act. |
| 4 | | (hhh) Information submitted to the Illinois State |
| 5 | | Police in an affidavit or application for an assault |
| 6 | | weapon endorsement, assault weapon attachment endorsement, |
| 7 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 8 | | endorsement under the Firearm Owners Identification Card |
| 9 | | Act. |
| 10 | | (iii) Data exempt from disclosure under Section 50 of |
| 11 | | the School Safety Drill Act. |
| 12 | | (jjj) (hhh) Information exempt from disclosure under |
| 13 | | Section 30 of the Insurance Data Security Law. |
| 14 | | (kkk) (iii) Confidential business information |
| 15 | | prohibited from disclosure under Section 45 of the Paint |
| 16 | | Stewardship Act. |
| 17 | | (lll) (iii) Data exempt from disclosure under Section |
| 18 | | 2-3.196 of the School Code. |
| 19 | | (mmm) (iii) Information prohibited from being |
| 20 | | disclosed under subsection (e) of Section 1-129 of the |
| 21 | | Illinois Power Agency Act. |
| 22 | | (nnn) Information that is exempt from disclosure under |
| 23 | | Section 15 of the Candidate Information Privacy Act. |
| 24 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| 25 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
| 26 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
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| 1 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
| 2 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
| 3 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
| 4 | | 103-580, eff. 12-8-23; revised 1-2-24.)
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| 5 | | Section 95. No acceleration or delay. Where this Act makes |
| 6 | | changes in a statute that is represented in this Act by text |
| 7 | | that is not yet or no longer in effect (for example, a Section |
| 8 | | represented by multiple versions), the use of that text does |
| 9 | | not accelerate or delay the taking effect of (i) the changes |
| 10 | | made by this Act or (ii) provisions derived from any other |
| 11 | | Public Act.
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